WVC 19 - 1 B- 5
§19-1B-5. Compliance orders; suspension of timbering operation
license.
(a) Upon a finding by the chief that failure to use a
particular best management practice is causing or contributing, or
has the potential to cause or contribute, to soil erosion or water
pollution, the chief shall notify the director of the location of
the site, the problem associated with the site, and any suggested
corrective action. Upon the failure of the director to take
appropriate action within three days of providing notice to the
director, the chief may seek relief through the conference panel in
accordance with section eleven of this article.

(b) Upon notification of the chief or upon a finding by the
director that failure to use a particular best management practice
is causing or contributing, or has the potential to cause or
contribute, to soil erosion or water pollution, the director shall
issue a written compliance order requiring the person conducting
the timbering operation to take corrective action. The order shall
mandate compliance within a reasonable and practical time not to
exceed ten days. The person subject to the order may appeal the
order within forty-eight hours of its issuance to the conference
panel in accordance with section eleven of this article.

(c) The director has the discretion to immediately suspend a
timbering operator or operation, or any part of a timbering
operation, in any part of the state if:

(1) The director believes that the observed damage or circumstances on a timbering operation are sufficient to endanger
life or result in uncorrectable soil erosion or water pollution, or
if the;

(2) The operator is not licensed pursuant to this article; or

(3) A certified logger is not supervising the timbering
operation.

(d) The timbering operation, the operator, or both shall
remain suspended until the corrective action mandated in the
compliance order is instituted. The director shall not lift the
suspension until compliance is satisfactory or until overruled on
appeal. Failure to comply with any compliance order is a violation
of this article. The timbering operator or operation subject to
the compliance order may appeal to the conference panel in
accordance with the provisions of section eleven of this article.

(e) For a second violation within any two-year period, the
director may suspend the license of any operator conducting a
timbering operation or the certification of any certified logger
supervising a timbering operation for no less than thirty nor more
than ninety days if the person is found in violation of this
article or article eleven, chapter twenty-two of this code. One or
more violations for the same incident is only one violation for
purposes of this subsection.

(f) For a third violation within any two-year period, the
director may revoke the license of any operator conducting
timbering operations or the certification of any certified logger if the person is found in violation of this article or article
eleven, chapter twenty-two of this code. One or more violations
for the same incident is only one violation for purposes of this
subsection. A revoked license is not subject to reissue during the
current licensing period.

(g) The director shall notify the chief of any order issued or
any suspension or revocation of a license pursuant to this section
within thirty days of the director's action.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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